Testimonial Evidence: Competency of Witnesses Flashcards Preview

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Flashcards in Testimonial Evidence: Competency of Witnesses Deck (6)
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1
Q

In general, what are the federal rules of competency for a witness?

What is the CA additional requirement?

A
  1. Witness must have PERSONAL KNOWLEDGE of the matter; AND
  2. must DECLARE that he will testify truthfully

CA –> witness must understand duty to tell truth

2
Q

What is the rule if the witness requires an interpreter?

A

If witness requires an interpreter:

  1. interpreter must be QUALIFIED; and
  2. take oath to make TRUE TRANSLATION
3
Q

What is the rule re: the competency of an INFANT to testify?

A

Depends on the CAPACITY and INTELLIGENCE of the particular child, as determined by the trial judge

4
Q

What is the rule re: competency of an INSANE person to testify?

A

Insane person MAY testify, IF:

  1. he UNDERSTANDS obligation to speak truthfully; AND
  2. has has CAPACITY to testify accurately
5
Q

What is the rule re: judge and/or jurors as witnesses?

What is CA distinction?

A

FRE –> judge and jurors are incompetent to testify. No need to object.

CA –> judge and jurors are incompetent to testify. HOWEVER, they may do so if there is no objection

6
Q

What is a “dead man act”?

do federal rules have one ?

does CA?

A

“dead man act” provides that a party/person interested in event is INCOMPETENT to testify to a personal transaction or communication w a deceased, when such testimony is offered against the representative or successors in interest of the deceased

Federal rules DON’T have one, but most states do.

CA –> no dead man statute

HOWEVER –> state dead man’s act will apply in federal cases where, under Erie doctrine, state law provides rules of decision (for example, diversity cases)